Thanks for sharing that there's a great bit of reading on the law
hope no one minds me sharing I don't take any credit for this but find it relevant to the discussion
WCA
The WCA is a complex piece of legislation, which touches upon common law rights in certain areas. I will take two examples – plant gathering and animal hunting/ gathering. In general a landowner owns all trees and plants growing upon his or her plot. An owner has the right to sever such objects from the land (and to sell the same), but WCA intervenes in the case of certain protected wild plants. In short if a plant species is protected under WCA, no one can pick, destroy or sell it (including the landowner) without committing an offence. If a species does not enjoy WCA protection what about the stranger who wants to take plants? An act of this nature would ordinarily be theft, but an exception in the Theft Act states that in the case of mushrooms or plants growing wild on land, a person may take away foliage, fruit or parts of the plant without committing an offence – unless it is done with the intention of selling them, or for other reward.
Although there is still some argument in law over what is a plant “growing wild”, put simply, those plants which arc obviously commercially grown cannot be taken (hence scrumping is theft.) whilst free-growing blackberry plants cannot have their fruits stolen unless for re-sale. It is worth noting though, that the above exception only protects the person who takes only part of a plant, if all the plant is taken away an act of theft arises, as against a landowner.
In the above scenario, though, the stranger still commits trespass, which is actionable in law. CROW has anticipated one potential problem by making it clear that any member of the public who enters access land must not pick any plant or part of one -irrespective of the Theft Act exception I have touched on. Whether that stipulation helps endear CROW to landowners remains to be seen.
The law of property in animals is complex, but as a general principle animals divide into ‘domestic’ and “wild’. Domestic animals are chattels and acts of theft and criminal damage can apply to this class of creature. As for wild animals, (I avoid ‘game’ for the purpose of this article) there is no absolute property in such creatures that are living, but there can exist various classes of qualified property rights. For example, a landowner who retains hunting rights on his own land has a qualified property in wild animals whilst they reside there – hence such owners often grant shooting rights to third parties.
Once a wild animal is killed (or found dead) there is an absolute property in the creature that rests in the landowner, or the user of any shooting or sporting rights – who can maintain a claim against any third party, such as a trespasser onto land. This is particularly so if a trespasser intends to sell on wild animals, such as rabbits. The situation is somewhat complicated where wild animals are found in the road – in practise no highway authority is likely to pursue anyone who picks up dead rabbit, for example – but note the Deer Act 1991 creates various offences relating to deer, and certainly collecting carcases for sale as venison is not permitted without licence.
Overlaying all these general principles though, are the statutes – not just CROW and WCA but others such as the Deer Act already referred to. These acts protect classes of animals by making it a criminal offence to kill, collect or maim with the use of snares or traps. Although in yesteryear the best birdwatchers learnt about their subject through egg collecting, post WCA, those days are over. All wild birds are now protected (subject to exceptions) and indeed, the mere possession, without authority of any species which is protected gives rise to an offence – even if that species is picked up already dead, from the road.
Finally, I am conscious of the fact that behind every statement in this article lies a mass of exception, legal uncertainty and no doubt potential for dispute. Perhaps to a communality of legal complexity do the separate states of town and country truly emerge.
LAW AND COUNTRY CODE (OF HONOUR)
What of wild root and tuber plants e.g. wild carrot, wild parsnip, dandelion, burdock, pignut, etc.?
If the underground portion is harvested then strictly speaking the part of the plant that grows above ground should be left on site and not taken away. By doing this the forager is demonstrating that his or her intention is not to permanently deprive the landowner of the goods. However, they may still leave themselves open to a charge of criminal damage, if permission from the landowner is not first sought. It is also unsightly.
On land which has been opened up under CROW rights the harvesting of any wild plant parts is forbidden.
There are national restrictions that apply to the new access rights at all times. CROW excludes any rights to the following; to ride a horse or bicycle, or drive a vehicle; take part in organised games or commercial activities; bathe in non-tidal water, or use boats there; hunt, fish or collect anything from the area including rocks or plants; camp or light fires.
In addition further local restrictions may be Imposed on the new rights where deemed necessary.
The above national restrictions and local restriction powers only apply to the land newly opened up to access under the CROW scheme. They do not affect what people already do: by local tradition or tolerance; with express permission; on public rights of way such as footpaths and bridleways; or under any other existing rights or arrangements that apply locally.
That’s the law but what of respect?
The following is a quote from an old holy Wintu Native American woman, that sets the benchmark—she was contrasting the behaviour of her people with that of the white man; “When we Indians kill meat, we eat it all up. When we dig roots we make little holes. When we build houses we make little holes. When we burn grass for a grasshoppers, we don’t ruin things. We shake down acorns and pinenuts. We don’t chop down trees. We only use dead wood.”